Senate Journal 2/21/2018 02:00 PM

JOURNAL OF THE SENATE

NINETY-THIRD SESSION

TWENTY-SIXTH DAY

STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, February 21, 2018

The Senate convened at 2:00 p.m., pursuant to adjournment, the President presiding.

The prayer was offered by the Chaplain, Larry Cass, followed by the Pledge of Allegiance led by Senate page Brock Brown.

Roll Call: All members present except Sen. Cronin who was excused.

APPROVAL OF THE JOURNAL

MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the twenty-fifth day.

All errors, typographical or otherwise, are duly marked in the temporary journal for correction.

And we hereby move the adoption of the report.

Respectfully submitted,

Brock L. Greenfield, Chair

Which motion prevailed.

HONORED GUESTS

The President introduced the horn section of the Lincoln High School Patriot band which played the National Anthem.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Judiciary respectfully reports that it has had under consideration SB 95, which was reconsidered, and returns the same without recommendation.

Respectfully submitted,
Lance S. Russell, Chair

Also MR. PRESIDENT:

The Committee on Health and Human Services respectfully reports that it has had under consideration SB 176, which was reconsidered, and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Neal Tapio, Vice Chair

Also MR. PRESIDENT:

The Senate Committee on Appropriations respectfully reports that it has had under consideration SB 174 and returns the same with the recommendation that said bill do pass.

Respectfully submitted,
Larry Tidemann, Chair

Also MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1094 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

The Committee on Commerce and Energy respectfully reports that it has had under consideration HB 1101, 1159, 1173, and 1185 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Phil Jensen, Chair

Also MR. PRESIDENT:

The Committee on Taxation respectfully reports that it has had under consideration HB 1147 and returns the same with the recommendation that said bill do pass and be placed on the consent calendar.

Respectfully submitted,
Jack Kolbeck, Vice Chair

Also MR. PRESIDENT:

The Committee on Legislative Procedure respectfully reports that the Office of Engrossing and Enrolling has carefully compared SB 15, 16, 31, 47, and 74 and finds the same correctly enrolled.

Respectfully submitted,

Brock L. Greenfield, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

I have the honor to return herewith SB 15, 16, 31, 47, and 74 which have passed the House without change.

Also MR. PRESIDENT:

I have the honor to inform your honorable body that the House has concurred in Senate amendments to HB 1079 and 1205.

Also MR. PRESIDENT:

I have the honor to transmit herewith HCR 1010 and 1011 which have been adopted by the House and your concurrence is respectfully requested.

Also MR. PRESIDENT:

I have the honor to transmit herewith HB 1178, 1188, 1204, 1269, 1273, 1292, and 1293 which have passed the House and your favorable consideration is respectfully requested.

Respectfully,
Sandra J. Zinter, Chief Clerk

MOTIONS AND RESOLUTIONS

SCR 9: A CONCURRENT RESOLUTION, Strengthening the sister-state ties between the State of South Dakota and the Republic of China (Taiwan), supporting the signing of a Bilateral Trade Agreement between Taiwan and the United States, and reaffirming support for increasing Taiwan's international profile.

Was read the second time.

Sen. Cammack moved that SCR 9 as found on page 290 of the Senate Journal be adopted.

The question being on Sen. Cammack's motion that SCR 9 be adopted.

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Yeas:
Bolin; Cammack; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil); Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Netherton; Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tidemann; White; Wiik; Youngberg

Excused:
Cronin; Tapio

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 9 was adopted.

SCR 16: A CONCURRENT RESOLUTION, Expressing our gratitude to the 45^th President of the United States, Donald J. Trump, for Making America Great Again.

Was read the second time.

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Sen. Jensen (Phil) moved that SCR 16 be amended as follows:

On page 2 of the printed resolution, delete line 1, and insert "individual mandate tax of the Affordable Care Act, commonly known as Obamacare; and".

On page 2, line 23, delete "Making" and insert "beginning to Make".

Which motion prevailed.

Sen. Jensen (Phil) moved that SCR 16 as found on page 430 of the Senate Journal be adopted as amended on page 523 of the Senate journal.

The question being on Sen. Jensen (Phil)'s motion that SCR 16 be adopted as amended.

And the roll being called:

Yeas 27, Nays 6, Excused 2, Absent 0

Yeas:
Bolin; Cammack; Curd; Ewing; Greenfield (Brock); Haverly; Jensen (Phil); Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Netherton; Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Tidemann; White; Wiik; Youngberg

Nays:
Frerichs; Heinert; Kennedy; Killer; Nesiba; Sutton

Excused:
Cronin; Tapio

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SCR 16 was adopted as amended.

The question being on the title.

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Sen. Jensen (Phil) moved that the title to SCR 16 be amended as follows:

On page 1, line 2, of the printed resolution, delete "Making" and insert "beginning to Make".

Which motion prevailed and the title was so amended.

Yesterday Sen. Nelson announced his intention to reconsider the vote by which SB 115 lost.

Sen. Nelson moved that the Senate do now reconsider the vote by which SB 115 lost.

The question being on Sen. Nelson's motion to reconsider the vote by which SB 115 lost.

And the roll being called:

Yeas 16, Nays 18, Excused 1, Absent 0

Yeas:
Curd; Greenfield (Brock); Jensen (Phil); Killer; Klumb; Kolbeck; Maher; Monroe; Nelson; Netherton; Otten (Ernie); Russell; Stalzer; Tapio; Wiik; Youngberg

Nays:
Bolin; Cammack; Ewing; Frerichs; Haverly; Heinert; Kennedy; Langer; Nesiba; Novstrup; Partridge; Peters; Rusch; Soholt; Solano; Sutton; Tidemann; White

Excused:
Cronin

So the motion not having received an affirmative vote of a majority of the members-elect, the President declared the motion lost.

HCR 1010: A CONCURRENT RESOLUTION, Recognizing and honoring William Melvin "Billy" Mills, also known as Makata Taka Hela, for his unselfish and loyal contributions to the State of South Dakota and to his country.

Was read the first time, the President Pro Tempore waived the referral to committee, and placed HCR 1010 on the calendar of Thursday, February 22^nd, the twenty-seventh legislative day.

HCR 1011: A CONCURRENT RESOLUTION, Making formal application to the United States Congress to lawfully enable the Department of Veterans Affairs to provide per diem reimbursement to eligible veterans in need of assisted living services.

Was read the first time, the President Pro Tempore waived the referral to committee, and placed HCR 1011 on the calendar of Thursday, February 22^nd, the twenty-seventh legislative day.

Sen. Curd moved that SB 104 be placed on today's calendar and re-referred to the Committee on Judiciary.

Which motion prevailed.

CONSIDERATION OF REPORTS OF COMMITTEES

Sen. Curd moved that the reports of the Standing Committees on

Education on SB 213 as found on page 494 of the Senate Journal; also

Agriculture and Natural Resources on SR 2 as found on page 496 of the Senate Journal; also

Agriculture and Natural Resources on SB 211 as found on page 496 of the Senate Journal be adopted.

Which motion prevailed.

Sen. Solano moved that SB 175 be placed on the calendar of Wednesday, February 21^st, the twenty-sixth legislative day pursuant to Joint Rule 6F-6.

The question being on Sen. Solano's motion that SB 175 be placed on the calendar of Wednesday, February 21^st, the twenty-sixth legislative day pursuant to Joint Rule 6F-6.

And the roll being called:

Yeas 31, Nays 3, Excused 1, Absent 0

Yeas:
Bolin; Cammack; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil); Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nesiba; Netherton; Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tidemann; White; Wiik; Youngberg

Nays:
Nelson; Novstrup; Tapio

Excused:
Cronin

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried and SB 175 was so placed.

Sen. Curd moved that SB 175 be re-referred to the Committee on Judiciary.

Which motion prevailed.

CONSIDERATION OF EXECUTIVE APPOINTMENTS

The Senate proceeded to the consideration of the executive appointment of Anne Cannon Hajek, to the South Dakota Board of Pardons and Parole.

The question being "Does the Senate advise and consent to the executive appointment of Anne Cannon Hajek pursuant to the executive message as found on page 218 of the Senate Journal?"

And the roll being called:

Yeas 32, Nays 2, Excused 1, Absent 0

Yeas:
Bolin; Cammack; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nesiba; Netherton; Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

Nays:
Jensen (Phil); Nelson

Excused:
Cronin

So the question having received an affirmative vote of a majority of the members-elect, the President declared the appointment confirmed.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

The President declared that SB 208 was withdrawn at the request of the prime sponsor pursuant to Joint Rule 6B-1.1.

FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1178: FOR AN ACT ENTITLED, An Act to provide a penalty for the failure to complete timely audits by certain entities.

Was read the first time and referred to the Committee on Local Government.

HB 1188: FOR AN ACT ENTITLED, An Act to establish certain provisions regarding postsecondary tuition assistance programs.

Was read the first time and referred to the Committee on Education.

HB 1204: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding power of attorney.

Was read the first time and referred to the Committee on Judiciary.

HB 1269: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the time frame for consent in adoption proceedings.

Was read the first time and referred to the Committee on Health and Human Services.

HB 1273: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding convention facility on-sale licenses to sell alcoholic beverages.

Was read the first time and referred to the Committee on Commerce and Energy.

HB 1292: FOR AN ACT ENTITLED, An Act to revise the process by which courts consider appeals of decisions regarding conditional use requests.

Was read the first time and referred to the Committee on Judiciary.

HB 1293: FOR AN ACT ENTITLED, An Act to increase the penalty for certain assaults committed against firefighters or ambulance service personnel while engaged in the performance of their duties.

Was read the first time and referred to the Committee on Judiciary.

CONSIDERATION OF CONSENT EXECUTIVE APPOINTMENTS

The Senate proceeded to the consideration of the executive reappointment of Paige W. Bock, to the South Dakota Board of Pardons and Parole.

The question being "Does the Senate advise and consent to the executive reappointment of Paige W. Bock pursuant to the executive message as found on page 88 of the Senate Journal?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Cronin

So the question having received an affirmative vote of a majority of the members-elect, the President declared the reappointment confirmed.

SECOND READING OF CONSENT CALENDAR ITEMS

HB 1078: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the removal of security freezes.

Was read the second time.

The question being "Shall HB 1078 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Cronin

So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

HB 1082: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding licensure for the lending of money.

Was read the second time.

The question being "Shall HB 1082 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Cronin

So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

HB 1086: FOR AN ACT ENTITLED, An Act to exempt certain assisted living facilities from the salon license requirement.

Was read the second time.

The question being "Shall HB 1086 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Cronin

So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

HB 1087: FOR AN ACT ENTITLED, An Act to allow certain students to test for cosmetologist, esthetician, and nail technician licensure.

Was read the second time.

The question being "Shall HB 1087 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Cronin

So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

HB 1088: FOR AN ACT ENTITLED, An Act to revise the consignment sales requirements for dealers of motorcycles, off-road vehicles, snowmobiles, boats, and boat trailers.

Was read the second time.

The question being "Shall HB 1088 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Cronin

So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

HB 1028: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding trust companies.

Was read the second time.

The question being "Shall HB 1028 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Cronin

So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

SB 172: FOR AN ACT ENTITLED, An Act to provide for an opt out by certain professions from the temporary licensing compact.

Was read the second time.

Sen. Curd moved that SB 172 be laid on the table.

The question being on Sen. Curd's motion that SB 172 be laid on the table.

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Cronin

So the motion having received an affirmative vote of a majority of the members-elect, the President declared the motion carried.

SB 155: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the liability of the cost of jail confinement.

Having had its second reading was up for consideration and final passage.

The question now being on Sen. Maher's pending motion to amend SB 155 as found on page 489 of the Senate Journal.

Which motion prevailed.

The question being "Shall SB 155 pass as amended?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Cronin

So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

SB 178: FOR AN ACT ENTITLED, An Act to provide certain exceptions from alcoholic beverage provisions regarding events conducted by certain civic, charitable, educational, fraternal, or veterans organizations.

Was read the second time.

The question being "Shall SB 178 pass?"

And the roll being called:

Yeas 33, Nays 0, Excused 2, Absent 0

Yeas:
Bolin; Cammack; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil); Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nelson; Nesiba; Netherton; Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

Excused:
Cronin; Russell

So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

SB 182: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the crime of rape.

Was read the second time.

The question being "Shall SB 182 pass?"

And the roll being called:

Yeas 16, Nays 18, Excused 1, Absent 0

Yeas:
Bolin; Curd; Ewing; Greenfield (Brock); Jensen (Phil); Killer; Klumb; Kolbeck; Monroe; Nelson; Netherton; Russell; Soholt; Solano; Stalzer; Tapio

Nays:
Cammack; Frerichs; Haverly; Heinert; Kennedy; Langer; Maher; Nesiba; Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Sutton; Tidemann; White; Wiik; Youngberg

Excused:
Cronin

So the bill not having received an affirmative vote of a majority of the members-elect, the President declared the bill lost.

Sen. Nelson announced his intention to reconsider the vote by which SB 182 lost.

SB 162: FOR AN ACT ENTITLED, An Act to prohibit school lunch shaming.

Was read the second time.

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Sen. Heinert moved that SB 162 be amended as follows:

On page 1 of the Senate Education Committee engrossed bill, delete lines 4 to 6, inclusive.

On page 1, line 7, delete everything after "served" .

On page 1, line 8, delete everything before "." .

Which motion prevailed.

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Sen. Heinert moved that SB 162 be amended as follows:

On page 1, line 7, of the Senate Education Committee engrossed bill, after "student" insert "to".

Which motion prevailed.

The question being "Shall SB 162 pass as amended?"

And the roll being called:

Yeas 11, Nays 23, Excused 1, Absent 0

Yeas:
Ewing; Frerichs; Heinert; Kennedy; Killer; Maher; Nesiba; Rusch; Solano; Sutton; Youngberg

Nays:
Bolin; Cammack; Curd; Greenfield (Brock); Haverly; Jensen (Phil); Klumb; Kolbeck; Langer; Monroe; Nelson; Netherton; Novstrup; Otten (Ernie); Partridge; Peters; Russell; Soholt; Stalzer; Tapio; Tidemann; White; Wiik

Excused:
Cronin

So the bill not having received an affirmative vote of a majority of the members-elect, the President declared the bill lost.

There being no objection, the Senate reverted to Order of Business No. 5.

REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration SB 187 and returns the same with the recommendation that said bill be amended as follows:

187fc

On the printed bill, delete everything after the enacting clause and insert:

"

Section 1. That the code be amended by adding a NEW SECTION to read:

For the purposes of this Act the term, wine manufacturer, means any manufacturer located in this state producing, blending, filtering, clarifying, aging and bottling wine, as defined in § 35-1-1, that is not a farm winery.

Section 2. That the code be amended by adding a NEW SECTION to read:

The fee for a wine manufacturer license is two thousand five hundred dollars.

Section 3. That the code be amended by adding a NEW SECTION to read:

Except as provided in this Act, all provisions of title 35 apply to the production, sale, possession, transportation, and consumption of alcoholic beverages produced by any person licensed pursuant to this Act.

Section 4. That the code be amended by adding a NEW SECTION to read:

There is hereby levied on all alcoholic beverages produced by any person licensed pursuant to this Act an excise tax at the same rates and collected and administered in the same manner as the taxes imposed on alcoholic beverages in chapter 35-5. Notwithstanding any other provision of law, the taxes imposed on a wine manufacturer shall be deposited in the general fund.

Section 5. That the code be amended by adding a NEW SECTION to read:

A licensed wine manufacturer may sell on the licensed premises alcoholic beverages produced by the licensee for on-sale or off-sale consumption. A licensed wine manufacturer may sell alcoholic beverages produced by the licensee to any wholesaler authorized to receive the alcoholic beverages.

Section 6. That the code be amended by adding a NEW SECTION to read:

The holder of any license issued under this Act shall register labels for each type or brand produced with the department in the same manner as prescribed for alcoholic beverages in chapter 39-13, before sale. If the label or brand states or implies in a false or misleading manner a connection with an actual living or dead Native American leader, the department shall reject the registration of the label.

Section 7. That the code be amended by adding a NEW SECTION to read:

The secretary may promulgate rules, pursuant to chapter 1-26, establishing the criteria and procedures for obtaining a license pursuant to this Act, and procedures for collecting the excise taxes pertaining to the licenses.

Section 8. That the code be amended by adding a NEW SECTION to read:

A licensed wine manufacturer may operate up to two additional locations in this state by obtaining a license pursuant to this Act for each location if the licensed wine manufacturer performs at least one manufacturing process at each site."

187oc

On the previously adopted amendment (187fc), delete Section 8. and insert:

Section 8. That the code be amended by adding a NEW SECTION to read:

A licensed wine manufacturer may operate up to one additional location in this state by obtaining a license pursuant to this Act for each location if the licensed wine manufacturer performs at least one manufacturing process at each site.

187ob

On the previously adopted amendment (187fc), after Section 8., insert:

Section 9. That the code be amended by adding a NEW SECTION to read:

The Department of Revenue shall promulgate rules pursuant to chapter 1-26 to create a South Dakota certified wine.

187kd

On the previously adopted amendment (187ob), after Section 9., add a new section to read:

Section 10. That the code be amended by adding a NEW SECTION to read:

The quantity of bulk wine in any wine manufacturer's annual production shall not exceed fifty percent of that winery's annual production. The bulk wine must be blended and not bottled. Bulk wine as used in this section means fermented juice from grapes and other fruit bases or honey. If the name and address section of the label states anything other than, Estate Bottled, pursuant to 27 CFR 4.26 as of January 1, 2018, and, Produced and Bottled, or, Made and Bottled, pursuant to 27 CFR 4.35 as of January 1, 2018, the department shall reject the registration of the label.

And that as so amended said bill do pass.

Also MR. PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration SJR 9 and returns the same without recommendation.

Also MR. PRESIDENT:

The Committee on Local Government respectfully reports that it has had under consideration SB 189 which was tabled.

Respectfully submitted,
Kris Langer, Chair

SECOND READING OF HOUSE BILLS AND JOINT RESOLUTIONS

HB 1077: FOR AN ACT ENTITLED, An Act to update certain language regarding capital punishment and to revise the mandatory sentence for persons with an intellectual disability convicted of murder in the first degree.

Was read the second time.

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Sen. Langer moved that HB 1077 be amended as follows:

On the Senate Judiciary Committee engrossed bill, delete all amendments, thus restoring the bill to the printed version.

Which motion prevailed.

The question being "Shall HB 1077 pass as amended?"

And the roll being called:

Yeas 28, Nays 5, Excused 2, Absent 0

Yeas:
Bolin; Cammack; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nesiba; Netherton; Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Soholt; Solano; Sutton; Tidemann; White; Wiik; Youngberg

Nays:
Jensen (Phil); Nelson; Russell; Stalzer; Tapio

Excused:
Cronin; Heinert

So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

HB 1136: FOR AN ACT ENTITLED, An Act to revise certain provisions related to cooperatives.

Was read the second time.

The question being "Shall HB 1136 pass?"

And the roll being called:

Yeas 34, Nays 0, Excused 1, Absent 0

Excused:
Cronin

So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

HB 1032: FOR AN ACT ENTITLED, An Act to exempt credit unions from the requirements to be licensed as real estate brokers.

Was read the second time.

The question being "Shall HB 1032 pass?"

And the roll being called:

Yeas 33, Nays 1, Excused 1, Absent 0

Yeas:
Bolin; Cammack; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Heinert; Jensen (Phil); Kennedy; Killer; Klumb; Kolbeck; Langer; Monroe; Nelson; Nesiba; Netherton; Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Russell; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

Nays:
Maher

Excused:
Cronin

So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

HB 1072: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding trusts.

Was read the second time.

The question being "Shall HB 1072 pass?"

And the roll being called:

Yeas 29, Nays 5, Excused 1, Absent 0

Nays:
Frerichs; Heinert; Kennedy; Killer; Nesiba

Excused:
Cronin

So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

HB 1029: FOR AN ACT ENTITLED, An Act to increase certain fees for self-insurance by employers.

Was read the second time.

The question being "Shall HB 1029 pass as amended?"

And the roll being called:

Yeas 29, Nays 5, Excused 1, Absent 0

Yeas:
Bolin; Cammack; Curd; Ewing; Frerichs; Greenfield (Brock); Haverly; Kennedy; Killer; Klumb; Kolbeck; Langer; Maher; Monroe; Nesiba; Novstrup; Otten (Ernie); Partridge; Peters; Rusch; Soholt; Solano; Stalzer; Sutton; Tapio; Tidemann; White; Wiik; Youngberg

Nays:
Heinert; Jensen (Phil); Nelson; Netherton; Russell

Excused:
Cronin

So the bill having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the bill passed and the title was agreed to.

SIGNING OF BILLS

The President publicly read the title to

SB 15: FOR AN ACT ENTITLED, An Act to revise the composition of the state trunk highway system.

SB 16: FOR AN ACT ENTITLED, An Act to repeal certain curb ramp construction specifications for municipalities.

SB 31: FOR AN ACT ENTITLED, An Act to make an appropriation to reimburse health care professionals who have complied with the requirements for certain health care recruitment assistance programs and to declare an emergency.

SB 47: FOR AN ACT ENTITLED, An Act to authorize the completion of the sports performance enhancement facility arena and the outdoor track and soccer complex at the University of South Dakota, to make an appropriation therefor, and to declare an emergency.

SB 74: FOR AN ACT ENTITLED, An Act to create an exception to the minimum difference in age between adoptive parent and child and to declare an emergency.

HB 1033: FOR AN ACT ENTITLED, An Act to revise certain licensing renewal procedures for business insurance producers.

HB 1131: FOR AN ACT ENTITLED, An Act to authorize certain road district trustees and employees to receive compensation under a district contract.

HB 1154: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding municipal lease-purchase agreements.

HB 1195: FOR AN ACT ENTITLED, An Act to revise certain provisions regarding refunds of motor vehicle license fees.

And signed the same in the presence of the Senate.

Sen. Partridge moved that the Senate do now adjourn, which motion prevailed and at 5:08 p.m. the Senate adjourned.

Kay Johnson, Secretary